Court No. - 28 Case :- BAIL No. - 3851 of 2010 Petitioner :- Fateh Mohammad Respondent :- The State Of U.P. Petitioner Counsel :- Sumit K. Srivastava Respondent Counsel :- Govt.Advocate,Akhilesh Chauhan Hon'ble Shri Kant Tripathi,J.
Supplementary affidavit filed on behalf of the applicant today, is taken on
record.
Heard learned counsel for the applicant and learned AGA and perused the
record.
The learned counsel for the applicant submitted that Mobin Ahmed, Hamid
Ali and Israr Ahmed sustained injuries from the complainant’s side. Only the
injuries of the injured Mobin were caused with fire arm. It was also submitted
that 17 persons from the accused side sustained injuries and most of the
injuries sustained by them were caused by fire arm. It was also submitted that
in the cross case lodged on behalf of the accused, all the accused have been
enlarged on bail. It was next submitted that at the stage of bail, the question of
aggressorship cannot be decided.
There does not appear to be any reasonable ground to believe that the
applicant will tamper with the witnesses or abscond, if released on bail.
Keeping in view the nature of the offence, evidence, complicity of the
accused, the severity of the punishment and submissions of the learned
counsel for the applicant and the learned AGA, I am of the view that the
applicant has made out a case for bail.
Let the applicant Fateh Mohammad involved in Case Crime No. 51-A of
2010, under sections 147, 148, 149, 307, 323, 504 and 506 IPC, P.S. Kotwali
Lalganj, District Pratapgarh be released on bail on his furnishing a personal
bond and two sureties each in the like amount to the satisfaction of the Chief
Judicial Magistrate concerned.
Order Date :- 14.7.2010
shailesh